Brace v. Doble
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Frank R. Aikens, Judge. Action to compel specific performance of contract for sále of land. Judgment for plaintiffs. Defendant appeals. The facts are fully stated in the opinion. A mortgage without acknowledgment is good as against the 'grantor. Sections 3245, 3246, 3269 and 4368, Comp. Laws; Clark y. Akers, 16 Kan. 174; Ogden y.
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Appeal from circuit court, Minnehaha county. Hon. Frank R. Aikens, Judge. Action to compel specific performance of contract for sále of land. Judgment for plaintiffs. Defendant appeals. The facts are fully stated in the opinion. A mortgage without acknowledgment is good as against the 'grantor. Sections 3245, 3246, 3269 and 4368, Comp. Laws; Clark y. Akers, 16 Kan. 174; Ogden y. Walters, 12 Kan. 282;.G-ray Y. Ulrich, 8 Kan. 112; Simpson v. Mandal, 3 Kan. 181; People v. Shark, 53 Mich. 523; Id. v. Marion, 29 Mich. 31, Wood y. Chapin, 13 N. Y. 509; McMahon v. McGraw, 26 Wis. 614; Quincy y.…
1Opinion of the CourtKellam, P. J.
In October, 1889, appellant and respondents' entered into an agreement in writing, as follows: “This contract, made and entered into this 5th. day of October, 1889, by and between Percival H. Edmison and Geo- H. Brace, both of Sioux Falls, Dakota, of the first part, and William H. Doble, of Quincy, Norfolk county, Massachusetts, party of the second part, witnesseth, that for and in consideration of the sum of thirty thousand dollars, paid and to be paid to the parties of the first part by the said party of the second part, to wit, one thousand dollars at the date hereof, and the further sum…
2Cases cited4 opinions
- Deichmann v. DeichmannSupreme Court of Missouri · 1871
- Crary v. . SmithNew York Court of Appeals · 1848
- Brown v. EatonSupreme Court of Minnesota · 1875
- McKleroy v. TulaneSupreme Court of Alabama · 1859
3Cited by3 opinions
- Hamilton v. HamiltonIndiana Supreme Court · 1904
- Wolfinger v. ThomasSouth Dakota Supreme Court · 1908
- Brace v. DobleSouth Dakota Supreme Court · 1892